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Campbell Soup Co. v. Wentz

United States Court of Appeals for the Third Circuit

172 F.2d 80 (3d Cir. 1948)

Relevant factsFree

Campbell Soup (plaintiff) contracted with the Wentzes (defendants) to buy all their Chantenay carrots grown in 1947, using a pre-printed form drafted entirely by Campbell that let Campbell alone decide whether delivered carrots met its conformity standards, included one-sided liquidated damages, and barred the Wentzes from selling excess carrots elsewhere without Campbell's approval even if Campbell was excused from buying. When carrot prices spiked and became scarce that season, the Wentzes sold their carrots to a neighboring farmer instead, some of which Campbell itself unknowingly bought back on the open market; Campbell sued for an injunction and specific performance, and the trial court found the carrots weren't unique goods and denied equitable relief.

IssueFree

Whether specific performance may be awarded for breach of a chattel sales contract when the goods are commercially unique and a legal remedy would be inadequate, even where the underlying contract is otherwise one-sided.

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